1. The Defendants are jointly and severally liable to the Plaintiff for 36,565,400 won and 5% per annum from February 7, 2016 to April 20, 2017.

1. Facts of recognition;

A. The Plaintiff loaned to Defendant B KRW 5 million on July 5, 2004, KRW 5 million on July 30, 2004, KRW 5.5 million on July 30, 2004, KRW 3 million on August 13, 2004, and KRW 30 million on August 19, 2004, KRW 16.5 million on August 19, 2004.

(hereinafter “instant loan”). (b)

On August 19, 2004, the Plaintiff agreed with Defendant B and “the interest rate of KRW 30 million for the instant loan shall be KRW 5 million on October 5, 2004, KRW 10 million on February 5, 2005, KRW 15 million on the last day of February 2005, and KRW 24% on the last day of March 2005.”

(hereinafter “instant First Agreement”). Defendant C, the wife of Defendant B, jointly and severally guaranteed the obligations under the instant First Agreement.

C. On August 19, 2006, the Plaintiff agreed with Defendant B and the Plaintiff that “Defendant B, with respect to the performance of obligations under the instant arrangement, pay each of the amounts of KRW 1 million on the 25th day of February 25, 2009 to the Plaintiff for five years from February 25, 2009, and repay each of KRW 60 million to the Plaintiff.”

(hereinafter “instant No. 2 Agreement”) D.

Defendant B repaid the total of KRW 13 million from August 25, 2009 to February 6, 2016 in accordance with the instant arrangement 2.

(In fact that there is no dispute, Gap's 1 through 5, Eul's 1 and 2 (including each number), the purport of the whole pleadings.

2. Summary of the parties' arguments

A. The Plaintiff, around the other hand, sought payment of the remainder amount of KRW 4,236,90 against Defendant B by deducting the amount of KRW 13 million repaid from the principal and interest of the instant agreement, upon the fulfillment of the terms of rescission due to the Defendants’ nonperformance of the obligation to perform the instant agreement on the second of this case.

Preliminaryly, pursuant to the instant arrangement, the Plaintiff sought payment of the remainder of KRW 4,236,90,000,000 paid at KRW 60,000,000, which offsets the Defendant B’s goods payment liability.

B. Since the Defendants’ instant arrangement was a light agreement, Defendant C’s joint and several liability was extinguished.

At the time of the instant agreement, Defendant C does not provide a joint and several guarantee in writing specifying the maximum amount of debt.